Civil Procedure Code, 1908, Section 151, Order 18, Rule 17A -- Additional evidence - Audio CD conversation - Divorce petition - Factum with regard to existence of audio CD sought to be adduced on record as additional evidence was very much in knowledge of husband before commencement of trial and at the time of leading evidence - Court below ought not to have allowed..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte decree - Setting aside at the instance of a person not party to the suit - Application U.O.9.R.13 CPC at the instance of such a person is not maintainable - However, decree obtained by fraud can be set aside at the instance of such a person u/s 151 CPC...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - Order obtained by playing fraud on Court - Court is vested with inherent powers to set aside its order even without issuing notice...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint/dismissal of suit - Issue of relationship of landlord and tenant decided by Rent Controller - Same issue re-agitated in civil suit - Issue already settled cannot be allowed to be re-agitated all over again - Suit dismissed in exercise of inherent power u/s 151 CPC...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9 -- Restoration of eviction petition, dismissed in default - Landlord an old man of 79 years suffering from various ailments, was not residing at Shimla during winter season - Therefore he had no occasion to have come to know about the order passed in the rent petition - Delay as occurred stand satisfactorily..........
Civil Procedure Code, 1908, Section 96, 151, Order 23, Rule 3A -- Compromise decree - Setting aside - Order passed by Civil Judge, Senior Division, for all purposes would be understood rendered by District Judge - Against order passed by him no appeal lies u/s 96 CPC before District Judge...........
Civil Procedure Code, 1908, Section 151, Order 14, Rule 5 -- Additional issue - Fact pleaded in plaint but not specifically denied - Application to frame additional issue rightly dismissed as there is no dispute at all inter-se parties with regard to said issue...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recalling of witnesses - Filing of application u/s 151 CPC for seeking inherent power of the Court cannot be utilized in place of O.18.R.17 CPC - In the present case, witness was cross-examined by counsel for plaintiff on two dates - Cross-examination of such witness after tendering his evidence shows the..........
Civil Procedure Code, 1908, Section 151, Order 47, Rule 1 -- Review - Petitioner preferred application for recall of judgment being aggrieved by judgment - S.151 CPC therefore, cannot be called for, neither it is appropriate to treat this application U.O.47.R.1 CPC - If decision is considered to be erroneous, remedy is only to question judgment in appeal...........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of disputed signatures with admitted signatures - Genuineness of signatures - Challenging genuineness of Will amounts to challenging genuineness of signatures - When there is challenge to genuineness of Will it cannot be said that there is no challenge to genuineness..........
